# Information Collection Activities; Requests for Comments

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URL: https://www.frixlaw.com/law-library/documents/fr%3A2023-27001

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** December 12, 2023
- **Citation:** 88 FR 86206

## Text

DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT-OST-2023-0143]
Information Collection Activities; Requests for Comments

AGENCY:

Office of the Secretary (OST), DOT.

ACTION:

Notice and request for public comment and submission to OMB for clearance of renewed approval of information collection.

SUMMARY:

In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Request (ICR) abstracted below will be forwarded to the Office of Management and Budget (OMB) for review and comments. The ICR describes the nature of the information collection and its expected burden. A
Federal Register
Notice with a 60-day comment period soliciting comments on the following information collection was published on September 29, 2023. No public comments were received. The purpose of this Notice is to allow 30 days for public comment.

DATES:

Comments to this notice must be received by January 11, 2024.

ADDRESSES:

Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find this information collection by selecting “Currently under Review—Open for Public Comments” or by using the search function. Please note that comments submitted in response to this Notice are public record. Before including any detailed personal information, you should be aware that your comments as submitted, including your personal identification information, will be available for public view.

FOR FURTHER INFORMATION CONTACT:

Mike Huntley, Office of Drug and Alcohol Policy and Compliance, Office of the Secretary, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590; 202-366-3784 (voice), 202-366-3897 (fax), or
ODAPCWebmail@dot.gov
(email).

SUPPLEMENTARY INFORMATION:

OMB Control Number:
2105-0529.

Title:
Procedures for Transportation Workplace Drug and Alcohol Testing Programs.

Type of Review:
Clearance of a renewal of an information collection.

Form Numbers:
DOT F 1385; DOT F 1380.

Respondents:
The information will be used by transportation employers, Department representatives, and a variety of service agents.

Abstract:
Under the Omnibus Transportation Employee Testing Act of 1991, DOT is required to implement a drug and alcohol testing program in various transportation-related industries. This specific requirement is elaborated in 49 CFR part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs. This request for a renewal of the information collection for the program includes 45 burden items including the U.S. Department of Transportation Alcohol Testing Form (ATF) [DOT F 1380] and the DOT Drug and Alcohol Testing Management Information System (MIS) Data Collection Form [DOT F 1385].

The ATF includes the employee's name, the type of test taken, the date of the test, and the name of the employer. Data on each test conducted, including test results, is necessary to document that the tests were conducted and is used to take action, when required, to ensure safety in the workplace. The MIS form includes employer specific drug and alcohol testing information such as the reason for the test and the cumulative number of test results for the negative, positive, and refusal tests. No employee specific data is collected. The MIS data is used by each of the affected DOT Agencies (
i.e.,
Federal Aviation Administration, Federal Transit Administration, Federal Railroad Administration, Federal Motor Carrier Safety Administration, and the Pipeline and Hazardous Materials Safety

Administration) and the United States Coast Guard when calculating their industry's annual random drug and/or alcohol testing rate.

On May 2, 2023, part 40 was amended to include oral fluid testing as an additional methodology for drug testing that gives employers a choice that will help combat employee cheating on urine drug tests and provide a less intrusive means of achieving the safety goals of the program [88 FR 27596]. As a result of the rule to include oral fluid testing as an additional methodology for drug testing, two new burden items have been added to this collection: (1) Oral Fluid Collector (Qualification and Refresher) Training Documentation [§ 40.35(b) & (e)]; and (2) Oral Fluid Collector Error Correction Training Documentation [§ 40.35(f)]. These new burden items are analogous to the existing burden items for urine collectors and screening test technicians and breath alcohol technicians.

Also as a result of the May 2023 rule to include oral fluid as an additional methodology for drug testing, DOT will request OMB approval for a revision of the MIS Data Collection Form to facilitate the collection of oral fluid testing data from employers. Specifically, in Section III of the form, “Drug Testing Data,” DOT will add additional rows under each “Type of Test” (
e.g.,
Pre-Employment, Random, Post-Accident, Reasonable Suspicion/Cause, Return-to-Duty, Follow-Up, and Total) for employers to enter the number of urine tests, the number of oral fluid tests, and the number of total tests conducted.

Estimated Total Number of Respondents:
1,426,662.

Estimated Number of Responses:
11,459,756.

Frequency of Response:
The information will be collected annually.

Estimated Total Number Burden Hours;
1,469,136.

1
All salary costs are based upon the Department of Labor's bureau of Labor Statistics average employee compensation hourly cost in 2023.

PRA item

Number of
respondents

Number of
responses

Burden per
response
(minutes)

Total
burden
(hours)

Total salary
costs

($)
1

Exemptions from Regulation Provisions Requests [40.7(a)]
1
1
180
3
$122

Employer Stand-down Waiver Requests [40.21(b)]
0
0
480
0
0

Employee Testing Records from Previous Employers [40.25(a)]
549,029
990,596
8
132,079
5,387,502

Employee Release of Information [40.25(f)]
549,029
990,596
8
132,079
5,387,502

MIS Form Submission [40.26]
19,699
19,699
90
29,549
1,205,304

Urine Collector (Qualification and Refresher) Training Documentation [40.33(b) & (e)]
5,000
5,000
4
333
13,583

Urine Collector Error Correction Training Documentation [40.33(f)]
17,980
17,980
4
1,199
48,907

Oral Fluid Collector (Qualification and Refresher) Training Documentation [40.35(b) & (e)]
5,000
5,000
4
333
13,583

Oral Fluid Collector Error Correction Training Documentation [40.35(f)]
17,980
17,980
4
1,199
48,907

Laboratory Reports to DOT Regarding Unlisted Adulterant [40.87(e)]
0
0
30
0
0

Semi-Annual Laboratory Reports to Employers [40.111(a)]
19
365,983
4
24,399
995,235

Semi-Annual Laboratory Reports to DOT [40.111(d)]
19
456
4
30
1,224

Medical Review Officer (MRO) (Qualifications and Continuing Education) Training Documentation [40.121(c) & (d)]
1,000
1,000
4
67
2,733

MRO Review of Negative Results Documentation [40.127(b)(2)(ii)]
5,000
351,135
4
23,409
954,853

MRO Failure to Contact Donor Documentation [40.131(c)(1)]
5,000
50,787
4
3,386
138,115

MRO Effort to Contact DER Documentation [40.131(c)(2)(iii)]
5,000
57,624
4
3,842
156,715

DER Successful Contact Employee Documentation [40.131(d)]
46,099
46,099
4
3,073
125,348

DER Failure to Contact Employee Documentation [40.131(d)(2)(i)]
11,525
11,525
4
768
31,327

MRO Verification of Positive Result Without Interview Documentation [40.133]
5,000
11,525
4
768
31,327

Adulterant/Substitution Evaluation Physician Statements [40.145(g)(2)(ii)(d)]
0
0
30
0
0

MRO Cancellation of Adulterant/Substitution for Legitimate Reason Reports [40.145(g)(5)]
0
0
30
0
0

Employee Admission of Adulterating/Substituting Specimen MRO Determination [40.159(c)]
40
40
4
3
122

Split Specimen Requests by MRO [40.171(c)]
5,000
11,932
4
795
32,428

Split Failure to Reconfirm for Drugs Reports by MRO [40.187(b)]
70
70
4
5
204

Split Failure to Reconfirm for Adulterant/Substitution Reports by MRO [40.187(c)]
8
8
5
1
41

Shy Bladder Physician Statements [40.193(f)]
719
719
5
60
2,447

MRO Statements Regarding Physical Evidence of Drug Use [40.195(b) & (c)]
0
0
0
0
0

Drug Test Correction Statements [40.205 (b)(1) & (2)]
25,000
143,840
8
19,179
782,311

Breath Alcohol Technician (BAT)/Screening Test Technician (STT) (Qualification and Refresher) Training Documentation [40.213(b)(c)&(e)]
2,000
2,000
4
133
5,425

BAT/STT Error Correction Training Documentation [40.213(f)]
401
401
4
27
1,101

Complete DOT Alcohol Testing Forms [40.225(a)]
10,000
8,025,159
8
1,070,021
43,646,157

Evidential Breath Testing Device Quality Assurance/Calibration Records [40.233(c)(4)]
10,000
10,000
4
667
27,166

Shy Lung Physician Statements [40.265(c)(2)]
401
401
4
27
1,101

Alcohol Test Correction Statements [40.271(b)(1)&(2)]
803
803
4
54
2,203

Substance Abuse Professional (SAP) (Qualification and Continuing Education) Training Documentation [40.281(c)&(d)]
3,334
3,334
4
222
9,055

Employer SAP Lists to Employees [40.287]
116,467
116,467
4
7,764
316,694

SAP Reports to Employers [40.311(c), (d) & (e)]
10,000
201,258
4
13,417
547,279

Correction Notices to Service Agents [40.373(a)]
25
25
60
25
1,020

Notice of Proposed Exclusion (NOPE) to Service Agents [40.375(a)]
5
5
600
50
2,040

Service Agent Requests to Contest Public Interest Exclusions (PIE) [40.379(b)]
2
2
60
2
82

Service Agent Information to Argue PIE [40.379(b)(2)]
2
2
240
8
326

Service Agent Information to Contest PIE [40.381(a) & (b)]
2
2
240
8
326

Notices of PIE to Service Agents [40.399]
1
1
60
1
41

Notices of PIE to Employer and Public [40.401 (b) & (d)]
1
1
60
1
41

Service Agent PIE Notices to Employers [40.403 (a)]
1
300
30
150
6,119

Total New
1,426,662
11,459,756
2,328
1,469,136
59,926,016

Public Comments Invited:
(1) Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; (2) the accuracy of the Department's estimate of the burden of the proposed information collection; (3) ways to enhance the quality, utility and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology.

(Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1:48)

Issued in Washington, DC, on December 5, 2023.
Authority and Issuance.

Bohdan S. Baczara,
Deputy Director, DOT, Office of Drug and Alcohol Policy and Compliance.

[FR Doc. 2023-27001 Filed 12-11-23; 8:45 am]
BILLING CODE 4910-9X-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2023-27001. Public record. Not legal advice.